2 Suburbs, 4 Police Officers Sued Over Response To Girl`s Rape

December 20, 1988|By Charles Mount.

The mother of a 12-year-old girl who was raped in a Calumet City apartment when Calumet City and Burnham police did not force their way inside filed suit Monday against the two suburbs and four police officers, seeking an unspecified amount of damages.

The suit, prepared by attorney Edward T. Stein, accused one of the defendants, Calumet City patrolman James Horka, of treating the girl`s mother in a demeaning manner after she escaped from the apartment and begged police to help rescue her daughter.

Horka, who was the senior officer at the scene, is appealing a decision by the Calumet City Fire and Police Commission to dismiss him for misconduct.

The mother`s suit, filed in Cook County Circuit Court, said that after she escaped from the apartment Horka badgered her with questions, asking where her husband was, if she knew the attacker, why she ran out leaving her daughter inside and why she left without a key to the apartment.

Horka is accused of using phrases such as ``an hysterical woman,``

``freaking out,`` and ``not coherent anymore`` in describing the mother.

``Several neighbors at the scene could fully understand and comprehend what she was saying,`` the suit said.

The incident occurred about 4:30 a.m. exactly one year ago Tuesday. According to the suit, the accused rapist entered the family`s second-floor apartment while family members were sleeping.

The mother, a physical therapist, fled from the apartment in her underclothing and summoned police from a neighbor`s home. She reported that a home invader had threatened to rape and kill her and was locked in her apartment with her daughter and 9-year-old son.

Evidence gathered after the incident showed that a police sergeant told Horka by radio to break into the apartment to rescue the children. Instead, police waited nearly 30 minutes before an officer entered through an unlocked back door and caught a man in the act of raping the girl. Benjamin Valentine, 19, has been charged with aggravated criminal sexual assault in connection with the incident.

Horka contended that he feared the man would kill the children if police forced their way inside.

The suit identified the first police officer on the scene as Greg Giglio of neighboring Burnham, which was near the woman`s apartment.

A Calumet City investigation of the case determined that Horka was the first Calumet City officer at the scene. The suit claimed two other Calumet City police officers, Daniel Surufka and Kevin Beasley, arrived later and followed Horka`s orders not to force their way into the apartment. Both were later suspended for misconduct.

The Calumet City investigation determined that 27 minutes after Horka arrived, a fourth Calumet City officer, Peter Miller, arrived and arrested the man.

The suit named Giglio, Surufka and Beasley as defendants along with Horka, and the two suburbs.

Valentine, held in Cook County Jail on charges with aggravated criminal sexual assault, is scheduled to appear Feb. 17 in the Markham branch of Circuit Court.